Forms of Administrative Penalties and Remedial Measures for Counterfeit Goods Trading Activities
Pursuant to Article 4 of Decree 98/2020/ND-CP, the regulations are as follows:
- Principal forms of penalties:
+ Warning;
+ Fine.
- Additional forms of penalties:
+ Revocation of licenses or practice certificates for a fixed period from 01 month to 24 months or suspension of activities for a fixed period from 01 month to 24 months;
+ Confiscation of administrative violation items and means used for administrative violations (hereinafter referred to as confiscation of violating items and means).
- Remedial measures:
+ Compulsion to remove from the territory of the Socialist Republic of Vietnam or re-export goods, items, means;
+ Compulsion to destroy goods and items harmful to human health, livestock, plants, and the environment, or cultural products with harmful content;
+ Compulsion to correct false or misleading information;
+ Compulsion to eliminate violating elements on labels, packaging of goods, business means, items;
+ Compulsion to recall substandard products and goods;
+ Compulsion to return illegal gains obtained from administrative violations or return an amount equivalent to the value of the items and means violated that have been consumed, dispersed, or destroyed against the law;
+ Compulsion to recall defective goods;
+ Compulsion to cancel lottery results and organize new lotteries for promotional programs involving risk;
+ Compulsion to amend contracted agreements or amend sample contracts and standard transaction conditions in compliance;
+ Compulsion to recall the domain name ".vn" of e-commerce websites or remove mobile applications from app stores or locations where they have been provided.
- Fine levels:
+ The maximum fine in the field of commerce and consumer rights protection is VND 100,000,000 for individuals and VND 200,000,000 for organizations; the maximum fine in the field of production and trading of fake or banned goods is VND 200,000,000 for individuals and VND 400,000,000 for organizations;
+ The fine levels specified in Chapter II of this Decree are those applied to administrative violations committed by individuals, except for the administrative violations specified in point p, clause 2 of Article 33, clause 2 of Article 34, point b, clause 4 of Article 35, Article 68, Article 70, clauses 6, 7, 8, 9 of Article 73, and clauses 6, 7, 8 of Article 77 of this Decree. In cases where administrative violations are committed by organizations, the fine shall be twice the amount applied to individuals.
Sincerely!
